Fresno appeals board upholds code enforcement notice for 1347 East Shields Avenue, orders corrections

The Fresno Building Standards Appeals Board voted to confirm a code enforcement notice and order for 1347 East Shields Avenue, ordering the property owner to correct two unpermitted additions and scheduling a progress hearing to monitor repairs.

City staff presented photographic and historical evidence, including a 1960 Sanborn map, Google aerial imagery and permit records, and recommended confirming the notice and order issued Jan. 2, 2026. "The recommendation today is that the board confirm the notice and order issued 01/02/2026, and order that these violations be corrected," said Christina Pena, City of Fresno staff, in the department's presentation.

The owner, identified in the record as Miss Porter, told the board she purchased the house in December 2020 and presented an assessor record she said shows a garage conversion in 1950. She asked the board to apply grandfathering or to allow inspection to deem the addition safe so she would not displace tenants. "Grandfather laws were established for situations like these," Miss Porter said, and she warned that bringing the structure up to 2026 code could force tenants out and impose substantial costs on her retirement home.

Board members probed the evidentiary record, raising questions about whether the enclosed patio and covered patio shown in staff photographs and overlays existed in 1960, whether interior changes (windows, roof lines, and the presence of a kitchen) point to later alterations, and whether advertisements for the property suggested separate rental units. One board member said the additions were "obviously" done without permits but acknowledged uncertainty about when they were built and expressed concern about imposing burdens on the current owner.

Members also discussed the board's limited authority under the Fresno Municipal Code and noted the governing standard of proof is preponderance of the evidence (51%). Ashley Atkinson, assistant director for planning and development, reminded the board of that standard and invited legal staff to weigh in on procedural questions.

After deliberation, Board member (speaker 5) moved to confirm the notice and order as recommended by staff; Board member (speaker 4) seconded. The motion carried. The board ordered the owner to take steps to remedy the confirmed violations and set a progress hearing to review work in progress, with staff indicating that timeframes can be extended if the owner demonstrates active efforts toward compliance.

The board did not adopt a written decision during the meeting; staff requested that members complete a form to generate the written order. The hearing record shows the notice and order was posted on the property and mailed by first-class and certified mail on Jan. 2, 2026; the appeal had been filed Jan. 28, 2026 and accepted as late at a prior hearing.

The board adjourned at approximately 2:09 p.m. A written decision will be prepared and circulated as required by board procedures.